. /.  WORLD TRADE  
ORGANIZATION  TN/TF/W/146/Rev.2 
29 June 2009 
 
 (09-3153) 
Negotiating Group on Trade Facilitation  Original:   English 
  
 
COMMUNICATION FROM CUBA, GEORGIA, MOLDOVA, PARAGUAY AND TURKEY 
 
Revision
 
  
 The following communication, dated 26 June 2009,  is being circulated at the request of the 
Delegations of Cuba, Mold ova, Paraguay and Turkey. 
 
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 PROPOSAL ON A FREE AND TRANSPARENT TRANSIT REGIME  
 
 
I. EXPLANATION OF THE PROPOSAL  
1. The co-sponsors submit this revision taking into account the discussions on Freedom of 
Transit and on the proposal TN/TF/W/146/Rev.1 in th e Negotiation Group.  In this sense, the revision 
aims at ensuring freedom and transparency in transit.  
2. The co-sponsors welcome the proposal TN/TF/W/ 133/Rev.2 as a general and comprehensive 
text regarding the issues on transit. In this sense, the sponsors would like to underline that the current 
proposal is not a substitute to TN/TF/ W/133/Rev.2 but complementary to it.  
3. However, restrictions in transit cannot be lim ited to difficulties in borders or fees and charges 
for which the proposal TN/TF/W/133/Rev.2 has explicit disciplines.  There are a number of other measures that exist and restrict the transit traffic.
1  
4. Initially, the proposal states that such restricti ons can only be applied within the legitimate 
policy objectives laid down in Article XX and XXI. 
5. While such restrictions may be considered w ithin the jurisprudence of GATT Articles XX and 
XXI, this does not mean that they can be applie d in an arbitrary or unlimited manner.     
6. Within this perspective, the first objective of th e proposed text is to effectively clarify the 
disciplines on the restrictions to transit traffic through Articles 1 and 2.   
7. The second objective is to ensure transparency in  transit regimes.  Through Article 3, we 
propose a notification mechanism for the restrictions of  the systematic nature the details of which are 
to be determined later on.  
                                                      
1 According to International Road Transport Union such restrictions include inter alia mandatory use of 
certain routes, mandatory use of convoys, quotas or licenses attached to transit passages, measures taken for 
road congestion or road security purposes.  TN/TF/W/146/Rev.2 
Page 2  
 
  8. The third objective is to ensure national treatment  for transit.  The co-sponsors are of the view 
that, in line with the spirit of the national treat ment obligation in Article III of the GATT, the 
appropriate comparison should be be tween transit traffic and domestic traffic for a national treatment 
provision in transit.  However, it would be necessary to indicate that this comparison is possible only between traffic under like conditions. 
II. TEXTUAL PROPOSAL  
9. Traffic in transit shall not be subject to any restrictions unless a Member takes a measure to 
fulfil one of the objectives laid down in GATT Articl es XX and XXI.  Members shall ensure that any 
such measure shall not be more restrictive than necessary. 
10. The restriction shall not be maintained if th e circumstances or objectives giving rise to its 
adoption no longer exist or if the changed circum stances or objectives can be addressed in a less 
restrictive manner. 
11. Each Member shall notify the Trade Facilita tion Committee on the objective and duration of 
the restrictions it applies on an [annual] basis. If th e restriction is not notified, any Member may bring 
the restriction in question to the notice of the Trade Facilitation Committee. 
12. With respect to all laws, regulations, formaliti es, fees and charges, including transportation 
charges, imposed on or in connection with transit, each  Member shall accord to traffic in transit to or 
from the territory of any Member, treatment no less fa vourable than that accord ed to domestic traffic, 
under like conditions, within the territory of that Member.
2  
  
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2 This provision shall apply to any local (public or private) agencies acting on behalf of the 
government.